Attorneys argue search of suspect's home illegal

BEAUMONT (AP) - A federal judge Monday heard arguments whether to exclude evidence seized from the house of a man accused of killing a Longview bank teller during a botched robbery.

U.S. District Judge Thad Heart-field must decide whether the items taken from Daymon Maurice Smith's home should be considered in his trial for the Jan. 7, 1999, slaying of Betty Paddie.

A grand jury in May indicted Smith in Paddie's killing and the wounding of bank manager Elizabeth "Libby" Flahie at First Federal Savings Bank of North Texas in Longview.

Smith, 21, and co-defendants Charles Lee Stephens, 22, and Kenneth A. Tatum, 20, all of Marshall, were charged with robbery.

The three also are accused in two other robbery-slayings in East Texas between November 1998 and January 1999.

Authorities say the trio is responsible for the kidnapping-killing of Overton First State Bank President Ronnie Ritch and the shooting of retired minister Robert Ely during a robbery at a Longview auto dealership.

Monday, attorneys called to the stand several FBI and police officers to describe last winter's raid and the subsequent search of Smith's Marshall house. His attorneys argue that police did not have consent or probable cause to search the house.

FBI agents searched the house after a SWAT team, believing Smith was inside, entered the home, several officers testified.

Smith's grandmother, Armarie Smith, testified how she left the house after a Marshall police officer called and told her to leave so the SWAT team could search for Smith. She described looking out to see a number of police vehicles, and the officer who directed her out with a building.

"There's no use locking the door if all that's out there," Armarie Smith testified.

Several FBI agents testified that Armarie Smith consented to the search, during which officers found rap lyrics written by Daymon Smith, sneakers, various ammunition and a pistol later determined to belong to Armarie Smith.

Police described her as cooperative and helpful, though worried her grandson might be hurt during his capture.

"She knew we needed to find Daymon Smith, and she assisted us in every way," FBI agent Jeff Millslagle testified.

Heartfield set no timetable for ruling on the motion, but attorneys said they expect a decision as early as this week.

Daymon Smith, Tatum and Stephens are scheduled to be tried separately later this year, each for separate but related charges. Tatum is charged in Ely and Ritch's killings, while Stephens is accused of participating in all three incidents.

If convicted, each faces a life sentence or the death penalty.

Heartfield moved the cases to Beaumont last year at the request of defense attorneys, who argued that heavy media coverage of the cases tainted the jury pool around Marshall, about 150 miles east of Dallas.

The judge has barred prosecutors and defense attorneys from talking about the case with the media.